[HISTORY: Adopted by the Borough Council of the Borough of
Pennsburg as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-28-2019 by Ord. No. 2-2020]
The Borough hereby allows the Board
of School Directors of the Upper Perkiomen School District to assume
the hiring and oversight of school crossing guards in the Upper Perkiomen
School District portion of the Borough of Pennsburg.
The school crossing guards hired
by the Upper Perkiomen School District shall be authorized only in
the management of traffic and pedestrians in and around areas identified
by the Upper Perkiomen School District Superintendent or his or her
designee.
The Borough shall not provide any
training or assistance to the school crossing guards while on duty.
The school crossing guards shall
not:
A.
Come within the civil service provisions
of Subchapter E of Chapter 11 of the Pennsylvania Borough Code (8
Pa.C.S.A. § 1121 et seq.);
B.
Be considered part of the bargaining unit
of the Upper Perkiomen School District;
C.
Be considered a school employee as defined
under § 1101-A of the Public School Code of 1949, as amended
(24 P.S. § 11-1101-A);
D.
Be considered a school employee as defined
under 24 Pa.C.S.A. § 8102 (relating to definitions); or
E.
Be considered an employee under any plan.
The Board of School Directors of
the Upper Perkiomen School District shall promptly notify the Borough
of the individuals hired to serve as school crossing guards. The Upper
Perkiomen School District shall indemnify, defend and hold the Borough
of Pennsburg, its elected officials, officers and employees harmless
from and against any and all claims made, suits, judgments or recovery
of any nature or kind resulting from any actions or omissions by or
on account of any such school crossing guard, designated or appointed
by the Upper Perkiomen School District pursuant to this article, and
shall provide to the Borough a written agreement providing for such
indemnification.
The Board of School Directors of
the Upper Perkiomen School District, Pennsburg Borough Council and
all other participating municipalities, if any, shall execute an intermunicipal
agreement or memorandum of understanding (in a form acceptable to
Pennsburg Borough) specifying their respective responsibilities with
respect to the hiring, training, oversight and funding for each school
crossing guard and the indemnification requirements of this article.
In addition, no provisions set forth in this intermunicipal agreement
shall require Pennsburg Borough to fund or provide financial assistance
for the hiring, training or oversight of the crossing guards.
The provisions of this article are
intended to be severable, and if any section, sentence, clause, part
or provision hereof shall be held illegal, invalid or unconstitutional
by any court of competent jurisdiction, such decision of the court
shall not affect or impair the remaining sections, sentences, clauses,
parts or provisions of this article. It is hereby declared to be the
intent of the Borough that this article would have been adopted even
if such illegal, invalid or unconstitutional section, sentence, clause,
part or provision had not been included herein.
This article shall become effective
immediately upon enactment.
